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The Institutes of Justinian by Unknown
page 50 of 272 (18%)
natural law is clearly the older, having been instituted by nature
at the first origin of mankind, whereas civil laws first came into
existence when states began to be founded, magistrates to be
created, and laws to be written.

12 Wild animals, birds, and fish, that is to say all the creatures
which the land, the sea, and the sky produce, as soon as they
are caught by any one become at once the property of their
captor by the law of nations; for natural reason admits the title
of the first occupant to that which previously had no owner. So
far as the occupant's title is concerned, it is immaterial whether
it is on his own land or on that of another that he catches wild
animals or birds, though it is clear that if he goes on another
man's land for the sake of hunting or fowling, the latter may
forbid him entry if aware of his purpose. An animal thus
caught by you is deemed your property so long as it is com-
pletely under your control; but so soon as it has escaped from
your control, and recovered its natural liberty, it ceases to be
yours, and belongs to the first person who subsequently catches
it. It is deemed to have recovered its natural liberty when you
have lost sight of it, or when, though it is still in your sight, it
would be difficult to pursue it. 13 It has been doubted
whether a wild animal becomes your property immediately
you have wounded it so severely as to be able to catch it.
Some have thought that it becomes yours at once, and remains
so as long as you pursue it, though it ceases to be yours when
you cease the pursuit, and becomes again the property of any
one who catches it: others have been of opinion that it does
not belong to you till you have actually caught it. And we con-
firm this latter view, for it may happen in many ways that you
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